Legislative Blog

J.B. Williams, J.D.

Education Code modification

A Blog about 88th Legislature Laws

A Bit of Background

The following backgrounds help summarize the author's views on both the general topic: Texas and more specifically 88th Legislature Laws as it relates to that topic.

Brief Summary of Texas

Texas is truly a Republic. There are a multitude of items that to modify the state constitution must be modified. So there are times when Constitutional amendments are on the voting ballots. While I sometimes abhor the wording, the concept that all of those legally able to vote in Texas must vote on the change is a good one. And bills in Texas are generally short, making it easier for everyone to understand.

Summary of 88th Legislature Laws

The blogs here will discuss the laws passed by Congress and signed into law, as well as those, passed by Congress and approved by the voters to become law. There are a multitude of laws and each time I post blogs I will notate here the current effective date if it is different from prior blogs. I am currently posting bills that took effect immediately - those bills total 336. I am currently posting regarding larger bills, so each blog covers a single bill.

Blog Summary

Schools may no longer require teachers to create lesson plans without entering into supplemental agreements for such 'additional' work. And the bill provides for approval of instructional materials, such that those materials are listed on an approved list. While school are not required to purchase from the approved list, it does provide materials without the school needing to review them individually.

Education Code modification

Published: 2024-02-05

It permits a school district entering into supplemental agreements with classroom teachers to perform a duty relating to initial lesson plan design that is generally not anticipated for them to perform during the day and that can be given to all classroom teachers of the same subject and grade level. They may not require a teacher spend planning and preparation time for creating or selecting materials in a foundation curriculum course without the teacher having entered into a supplemental agreement. This does not prevent a teacher from doing so but prevents the school from requiring them to do so.

Teachers are permitted, but not required, to discuss widely debated and currently controversial topics but should do so in an objective manner and free from political bias. This is already part of the Education Code. But now a teacher doing so, or for related state or federal law, may not be disciplined if:

1. they use only instructional material included on the list of approved materials maintained by the State Board of Education and adopted by the district; and
2. the allegation does not dispute that the teacher delivered instruction from the instructional materials.

A school district must make tests readily available for review by parents in person, and teaching materials for review in person, and when applicable via a parent portal. Such review must be provided as follows:

1. access beginning not later than 30 days before the school year begins and concluding not earlier than 30 days after the school year ends; and
2. include access to all instructional materials that pertain to each subject area in the grade level in which the student is enrolled, except:
   • tests or exams that have not yet been administered; and
   • student's graded assignments.

The board of trustees for each school district must establish rules by which a parent may request an instructional material review. It may not require more than 1 parent make the request and must decide if the board will make the decision for whether there will be a review initially or at the appeal process. And it may permit the parent to review the material before the school does. If at least 25% of the parents, but less than 50%, request a review; then the Board may deny the review if a majority of Board members votes to do so. The board is only required to conduct a review once per year upon request.

The State Board of Education shall specify a list of required vocabulary and at least 1 literary work to be taught in each grade level. This is to begin February 1, 2024 and be finalized before September 1, 2025; at which time this section expires.

They define three-cueing and exclude it from being used for phonics curriculum. It means draw on context and sentence structure to read words without sounding the words out or using phonics-based approach.

The State Board of Education shall review instructional materials provided to the board by the agency. They must review the material and determine it to be free from factual error, and suitable for the subject and grade level for which the material is designed. Approved materials are placed on the approved list and they may add rejected materials to the rejected list. They may further provide the criteria necessary for approval of instructional material and require:

1. all submitted as full subject tier 1 materials to cover a minimum percentage of essential knowledge and skills adopted for the subject and grade level;
2. electronic samples of the material'
3. certain physical specifications;
4. they do not contain obscene or harmful content and otherwise be compatible with certification requirements; and
5. they are made publicly available for review.

They need to establish review of materials and how that will be handled; and ensure review of at least 200 individual instructional materials each year. They must develop and maintain an instructional materials Internet website to assist districts in locating and selecting instructional materials. The website shall provide:

1. price of the material
2. technological requirements needed to use the material;
3. results of an agency review of the material;
4. whether the material was accepted or rejected;
5. any other information they deem relevant.

They shall, to the extent practical, ensure full subject tier 1 instructional materials are available as open educational instructional materials for:

1. English and mathematics in kindergarten through eighth grade;
2. prekindergarten for areas related to English and mathematics; and
3. all foundation courses in kindergarten through fifth grade.

These materials shall be available to all students, parents, classroom teachers, and school districts in Texas free of charge, except for printing or shipping of the material. Schools will be provided an amount not exceeding $20 per student for costs incurred with printing/shipping of materials they are using on the open educational instructional material list. The amount provided may not exceed the amount actually spent.

 

J.B. Williams, J.D.

4,312 federal laws were passed from 1995 through December 2016.
Along with 88,819 federal rules and regulations.